Agenda 05/26/2009 Item #12A
Agenda Item No. 12A
May 26, 2009
Page 1 of 4
EXECUTIVE SUMMARY
Status Report to the Board of County Commissioners regarding the 2003 Agreement and
promises made by the South Florida Water Management District with respect to the
County's vacating approximately 287 miles of roads in the Southern Golden Gate Estates.
OBJECTIVE: To give the Board background with respect to this matter and seek direction.
CONSIDERA TIONS:
On February 11, 2003 The Board of Trustees for the State of Florida voted to exercise the power
of eminent domain over certain roadways in Southern Golden Gate Estates for Everglades
restoration and one of the roads specifically named was the Miller Boulevard Extension, a
County owned road. This matter was discussed at a March 11, 2003 Board meeting.
On May 13, 2003, the Board discussed the lack of communication by the State about the
Everglades restoration project and how the County needed to get some value out of any roads
that were used for the project.
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On June 10,2003, Pam Mac'Kie, Deputy Executor Director for Land and West Coast Resources
for the South Florida Water Management District ("SFWMD"), gave a presentation to the Board
asking the Board to enter into negotiations with the SFWMD to vacate 287 miles of roadway
representing approximately 2300 acres in the Southern Golden Gate Estates as part of the state
and federal Everglades Restoration Project ("CERP"), a rehydration and restoration project.
The matters discussed included:
1. The County would be sued in condemnation if it did not cooperate.
2. The benefits of the project included an increase in potable water supply to the
County.
3. Concerns raised by the Board and public included: (1) loss of public access to these
public lands, for recreational purposes, including A TV use; (2) whether the County
would be entitled to mitigation credits for the donation; (3) and how existing private
property owners were going to get to their property if the roads were vacated.
4. What would be included in a future agreement with the SFWMD, the County, and the
state, including compensation for the vacated roads, mitigation credits for the County
and recreation plans for the vacated lands.
On July 29,2003, the Board was asked to approve a memorandum of understanding between the
State of Florida, the SFWMD, Big Cypress Basin, and the County initiating vacation proceedings
of the Southern Golden Gate Estates roadway system and the establishment of a 640 acre parcel
suitable for recreational uses, including an A TV park. The matters discussed with the State
included:
".,....-...
1. The County was repeatedly threatened that it would be sued in condemnation if it did
not enter into this agreement.
2. The project would lead to 220 million gallons of water recharged into the
groundwater, and would "sustain your cheap water supply into the future."
Agenda Item No. 12A
May 26, 2009
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3. The County would receive a full section, or 640 acres of land, for recreational
purposes, including ATV use, to be provided with a "drop dead deadline" of October
2005.
4. The County was assured that access to existing private property owners would not be
impaired. It was promised that "There will be in no, in no way, shape or form do we
intend to limit or cut off their access."
On September 3, 2003, the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida petitioned the County for the vacation of the County's roadways in Southern
Golden Gate Estates.
On September 24, 2003, the Board approved a three-party agreement with the State and the
SFWMD. Among other things, the Agreement provided that in exchange for the vacation of the
County's roadways, SFWMD would convey, or cause to be conveyed, at no cost to the County,
fee simple interest to 640 acres, more or less, of unimproved land to the County no later than
October I, 2005, suitable for recreational purposes, including A TV use, with the County having
the right to reject if the proposed land was not acceptable. In that same meeting the Board by
Resolution No. 2003-336 vacated the road right-of-ways. During discussion of this item,
SFWMD made the following statements:
1. The roads which accessed private property would remain improved and above-grade.
2. That no changes to the Agreement were authorized as it was already approved by the
Governor and cabinet.
3. The County was again threatened with condemnation if it did not enter into this
Agreement.
4. The County was assured by the State Division of Forestry that it would "focus their
efforts" and work towards providing in the recreational component of the Picayune
Management Plan an area for recreational purposes, including ATV use.
On June 14,2005, SFWMD offered the County 625.28 acres adjacent to Lake Trafford, available
to the County in 2008 after the Lake Trafford dredging was complete, to meet its 640 acre
commitment. It appears that as early as August 2000, the Army Corps of Engineers was aware
the site contained contaminants. SFWMD had purchased the property on August 24, 1999.
On September 27, 2005, the County rejected the Lake Trafford site because following the June
14, 2005 Board meeting, SFWMD provided a copy of a subsequent evaluation of the site that
found the arsenic and selenium found in several samples from the lake exceeded soil clean-up
target levels established by the Florida DEP. SFWMD planned to use 384 of the proposed
625.28 acre site to store dredge material.
Between June 2005 and the present, SFWMD has not provided a suitable 640 acre recreational
site and is in breach of the 2003 Agreement.
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Since the September 23, 2003 Agreement, the County has had to defend two inverse
condemnation lawsuits involving loss of access because of the vacation of the roadways.
Despite numerous requests, SFWMD and the State have refused to hold Collier County harmless
in these suits, resulting in this Office needlessly having to expend substantial time and effort in
Agenda Item No. 12A
May 26,2009
Page 3 of 4
the defense 0 f these suits. The first lawsuit brought by the Nobel- Doerrs was concluded by the
State paying them approximately $3 million dollars. The second lawsuit is still pending.
The County has until October 1, 2010 before it must file suit to protect its legal rights under the
Agreement. After the date, the Statute of Limitations will foreclose such a suit.
FISCAL IMPACT: Any suit against the SFWMD would be handled in-house to minimize
costs.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: If requested, the County Attorney will make a recommendation
following discussion with the Board. A copy of the transcripts was not included given their
voluminous nature.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
Jacqueline Hubbard, Litigation Section Chief
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Agenda Item No. 12A
May 26, 2009
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
12A
Meeting Date:
Status Report to the Board of County Commissioners regarding the 2003 Agreement and
promises made by the South Florida Water Management District with respect to the Countys
vacating approximately 287 miles of roads in the Southern Golden Gate Estates.
5/26/2009 90000 AM
Prepared By
Jacqueline W. Hubbard
County Attorney
Assistant County Attorney
County Attorney Office
Date
5/20/2009 9:57:10 AM
Prepared By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/20/20099:57:10 AM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
5/20/2009 11 :30 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/20/20095:40 PM
file:/ /C :\Agenda Test\Export\ 130-May%2026, %202009\ 12. %20COUNTY%20A TTORNEY... 5/20/2009